Generic Top Level Domain Name (gTLD) Decisions

LAUREN THIBODEAU
COMPLAINANT,

vs.

SAEID YOMTOBIAN
RESPONDENT.

DECISION
File No.: FA94868

The above entitled matter came on for an administrative hearing on June 28, 2000,  before the undersigned on the Complaint of Lauren Thibodeau, (“Complainant”) against Saeid Yomtobian, (“Respondent”).  Upon the written submitted record including the Complaint and Respondent’s Response to Domain Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

U.S. Trademark Registration Serial No.:           Application in process

Trademark Applicant/Owner:                            Lauren Thibodeau

Registration Date:                                             October 31, 1998

Registration Name:                                           drlauren.com

Domain Name:                                     doctorlauren.com

Domain Name Registrar:                                   Corenic.net (CORE-28)

Domain Name Registrant:                                 Saeid Yomtobian

Date of Domain Name Registration:                  February 12, 2000

Date Complaint Filed:                                       May 22, 2000

Date Response to Complaint Filed:                   No date given

After reviewing the complaint, and determining it to be in administrative compliance, the National Arbitration Forum (“Forum) forwarded the complaint to the respondent  in compliance with Rule 2(a)^{[1] and the administrative proceeding was commenced pursuant to Rule 4(c).  In compliance with Rule 4(d), the Forum timely gave notice that the administrative proceeding had commenced.  The complainant elected to have this administrative proceeding conducted by a single arbitrator and paid the appropriate fee for same.  The Complaint and the Respondent’s Response to Domain Complaint were docketed and forwarded to the undersigned arbitrator for decision.}

FINDINGS OF FACT

1. Complainant’s public persona has been “Doctor Lauren” which is often abbreviated to “Dr. Lauren”, both in written and spoken communication.  Since October 31, 1998, she has been the owner of www.drlauren.com.
2. In hundreds of radio broadcast guest appearances dating back to December, 1998, she has been called “Dr. Lauren” by program hosts and callers.  She is a regular guest on both local and national radio programs, some of which are also broadcast via the World Wide Web.  Radio program hosts often mention her website, drlauren.com, which when spoken, is identical to doctorlauren.com.  In addition, she has distributed promotional materials since 1998 which use “Doctor Lauren” and/or Dr. Lauren”, including a toll-free number and domain address, drlauren.com.
3. Her complaint concerns www.doctorlauren.com, which was registered February 12, 2000, 18 months after she began to use “Doctor Lauren/Dr. Lauren” for professional purposes.
4. The use of the domain “doctorlauren.com” is essentially identical with her public persona, primarily via website, and is confusing to those who are seeking to find her via “drlauren.com”.
5. Complainant contends that the Respondent has no legitimate interest in the domain name “doctorlauren.com” and chose it specifically because of its identical sound when spoken over the radio.  Doctorlauren.com hosts hourly live sex shows featuring people and animals, none of whom is referred to as “Doctor Lauren”.  The content posted to www.doctorlauren.com, at least the first page, is identical to www.sexhorse,com, also registered by Mr. Saeid Yomtobian (template COCO-1340) through Corenic.net.
   
6. “Doctorlauren.com” is simply another domain on which to post existing content that is featured, and available, from at least one other location, www.sexhorse.com.  “Doctorlauren.com” was registered and used in bad faith, in the hope that frequent media appearances, during which “drlauren.com” is mentioned often and which sounds identical to “doctorlauren.com”, would draw traffic to “doctorlauren.com.
7. There is no legitimate interest in the domain name “doctorlauren.com” in and of itself.
8. The Respondent’s response to the Complaint, set forth in its entirety, is as follows: “The domain name doctorlauren.com belongs to our company.  We have purchased it under the rules and regulations of the United States.  Our corporation has been doing business since Feb 1 1992.”
9. There is no explanation by Respondent as to whom the name was purchased from, when it was purchased, or when the name was registered.
10. The Respondent’s domain name, doctorlauren.com is either identical to, or confusingly similar to, the Complainant’s trademark, drlauren.com.
11. Respondent’s knowledge of the use of the name and trademark before selecting his company’s name is a clear indication of his bad faith and a willful disregard of the Complainant’s trademark.

CONCLUSION

The undersigned arbitrator certifies that he has acted independently and has no known conflict of interest to serve as an arbitrator in this proceeding.  Having been duly selected, and being impartial, the undersigned makes the following conclusions:

1. The domain name doctorlauren.com is identical and confusingly similar to the Complainant’s trademark, drlauren.com
2. Respondent has no rights or legitimate interests in respect of the registered domain name at issue.
3. Respondent has registered and is using  in bad faith.
   

DECISION

AND NOW, this 28 day of June, 2000, based upon the above findings and conclusions, and pursuant to Rule 4(i) of the ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules to ICANN’s Uniform Domain Resolution Policy, it is decided as follows: 

THE UNDERSIGNED ORDERS THAT THE DOMAIN NAME, doctorlauren.com REGISTERED BY RESPONDENT, Saeid Yomtobian, BE FORTHWITH TRANSFERRED TO COMPLAINANT, Lauren Thibodeau.

Dated:  June 28, 2000                                                  Honorable Richard DiSalle, Arbitrator